Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 12 - EMPLOYMENT STANDARDS TRIBUNAL

ESA Section 109 – Other powers of tribunal


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the powers of the tribunal.


Text of Legislation

109. (1) In addition to its powers under section 108 and Part 13, the tribunal may do one or more of the following:

(a) [Repealed 2002-42-58.]

(b) extend the time period for requesting an appeal or applying for reconsideration even though the period has expired.

(c) [Repealed 2004-45-91.]

(d) enter during regular working hours any place, including any means of conveyance or transport, where

(i) work is or has been done or started by employees,

(ii) an employer carries on business or stores assets,

(iii) a record required for the purposes of this Act is kept, or

(iv) anything to which this Act applies is taking place or has taken place;

(e) inspect any records that may be relevant to an appeal or a reconsideration;

(f) on giving a receipt for a record examined under paragraph (e), remove the record to make copies or extracts;

(g) require a person to disclose, either orally or in writing, a matter required under this Act and require the disclosure to be made under oath or affirmation;

(h) order a person to produce, or to deliver to a place specified by the tribunal, any records for inspection under paragraph (e).

(2) Despite subsection (1), the tribunal may enter a place occupied as a private residence only with the consent of the occupant or under the authority of a warrant issued under section 120.


Policy Interpretation

The Tribunal has the powers set out in this section. For further information, see the Tribunal website at http://www.bcest.bc.ca/


Related Information

Related sections of the Act or Regulation

ESA

Other

Judicial Review Procedures Act, [RSBC 1996] Chapter 241

See Employment Standards Tribunal website at www.bcest.bc.ca